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                                             THE COURTS
        Title 231—RULES                                             (c) The parties to the petition shall be the payee and
                                                                  the transferee.
      OF CIVIL PROCEDURE                                            (d) The petition shall be verified by the transferee and
                                                                  shall contain:
                PART I. GENERAL                                     (1) the payment provisions of the structured settlement
            [231 PA. CODE CHS. 200]                               agreement and the payment rights that the payee seeks
                                                                  to transfer,
Proposed New Rule 229.2 Governing Petitions to
  Transfer Structured Settlement Payment Rights;                    (2) separate paragraphs which in bold type sets forth
  Proposed Recommendation No. 214                                   (i) the net amount payable to the payee after deduction
                                                                  of all commissions, fees, costs, expenses and charges, and
  The Civil Procedural Rules Committee is proposing that
new Rule 229.2 governing petitions to transfer structured           (ii) the following statement setting forth the interest
settlement payment rights be promulgated as set forth in          rate: ‘‘Based on the net amount that the payee will
this recommendation.                                              receive from this transaction ($              ) and the
                                                                  amounts and timing of the structured settlement pay-
  The recommendation is published in full in the Pennsyl-         ments that would be assigned, the payee is, in effect,
vania Bulletin, the advance reports of West’s Atlantic and        paying interest at a rate of         % per year.’’
Pennsylvania Reporters, the Pennsylvania Law Weekly,                (3) three attachments:
the Philadelphia Legal Intelligencer and the Pittsburgh
Legal Journal. The recommendation is also published                 (i) a Payee’s Affidavit in Support of Petition, in the
electronically as part of the Home Page of the Adminis-           form prescribed by subdivision (f) as Attachment 1,
trative Office of Pennsylvania Courts at http://                    (ii) an initial order of court scheduling the hearing, in
www.aopc.org.                                                     the form prescribed by subdivision (g), and
  The proposed recommendation has not been submitted                (iii) a final order of court granting the petition, in the
to the Supreme Court of Pennsylvania for review but               form prescribed by subdivision (h).
rather is being submitted to the bench and bar for
comments and suggestions prior to its submission to the              Official Note: These three attachments are in addi-
Supreme Court. All communications should be sent not              tion to any other documents which are required to
later than August 31, 2006 to:                                    support the findings set forth in Section 3 of the Act, 40
                                                                  P. S. § 4003.
                    Harold K. Don, Jr.,                             Subdivision (d) requires that two documents be verified.
                         Counsel                                  As the two documents contain different information, each
            Civil Procedural Rules Committee                      must be verified by a different person. The petition to
               5035 Ritter Road, Suite 700                        transfer structured settlement payment rights must be
           Mechanicsburg, Pennsylvania 17055                      verified by the transferee. The Payee’s Affidavit in Sup-
                          or E-Mail to                            port of Petition must be verified by the payee. The
                   civil.rules@pacourts.us                        transferee is not required to verify the information set
                                                                  forth in the Payee’s Affidavit.
                          Annex A                                    (e) If the petition and Payee’s Affidavit in Support of
                                                                  Petition meet the requirements of this rule and contain
     TITLE 231. RULES OF CIVIL PROCEDURE
                                                                  factual allegations which, if established, will support the
                    PART I. GENERAL                               findings set forth in Section 3 of the Act, 40 P. S. § 4003,
                                                                  the court shall enter an order scheduling a hearing date.
       CHAPTER 200. BUSINESS OF COURTS                              (f) The Payee’s Affidavit in Support of Petition shall be
Rule 229.2. Petition to Transfer Structured Settle-               substantially in the following form:
 ment Payment Rights.                                                                      (Caption)
  (a) Words used in this rule, which are defined by the                         Payee’s Affidavit in Support of
Structured Settlement Protection Act, shall have the                  Petition to Transfer Structured Settlement Rights
meaning set forth in the Act.                                     I state that the information below is true and correct:
  Official Note: See Section 2 of the Act, 40 P. S.                 1. Payee’s name, address and age:
§ 4002, which defines numerous terms including ‘‘best
interests,’’ ‘‘dependents,’’ ‘‘payee,’’ ‘‘structured settlement     2. Marital Status:
obligor,’’ and ‘‘structured settlement payment rights.’’
                                                                               Never Married;            Married;
  (b) A petition to transfer structured settlement pay-                        Separated;                Divorced
ment rights shall be filed in the county in which the
payee is domiciled.                                               If married or separated, name of spouse:                   .
                                                                    3. Minor children and other dependents:
  Official Note: See Section 4 of the Act, 40 P. S.
§ 4004, providing that the court of common pleas of the             Names, ages, and places of residence:
judicial district in which the payee is domiciled shall have
jurisdiction over the petition.
                                   PENNSYLVANIA BULLETIN, VOL. 36, NO. 27, JULY 8, 2006
3522                                                  THE COURTS

  4. Income:                                                                          (CAPTION)

  (a) Payee’s monthly income and sources:                                        Initial Order of Court
                                                                 On this        day of                  ,             , it
                                                               is ordered that a hearing on this Petition to Transfer
  (b) If presently married, spouse’s monthly income and        Structured Settlement Payment Rights will be held on
sources:                                                                     , in Courtroom          at          o’clock.
                                                               Within seven (7) days, the transferee shall notify the
                                                               structured settlement obligor and the annuity issuer of
  5. Child support, alimony or alimony pendente lite           the hearing date. The payee shall bring income tax
                                                               returns for the prior two (2) years to the hearing. The
  Obligation to pay:         Yes         No                    payee, the payee’s spouse, and any person receiving child
                                                               support payments, alimony, or alimony pendente lite
  If yes, describe the obligations and state whether there     should attend the hearing.
are arrearages:
                                                                                            BY THE COURT:

  6. Previous petitions to transfer                                                                                J.

  Have you previously filed a petition to transfer struc-         (h) The proposed final order of court shall be substan-
tured settlement payment rights?                               tially in the following form:
                                                                                      (CAPTION)
        Yes            No                                                         Final Order of Court
  If yes, for each petition that you filed,                      On this       day of                ,         , it is or-
                                                               dered that the Petition for Court Approval for Transfer of
  (a) state the name of the court, the term and number,        Structured Settlement Payment Rights is granted.
and the court ruling:
                                                                  The court specifically finds that the payee has estab-
                                                               lished that the transfer is in the best interests of the
  (b) if you received money, itemize the manner in which       payee or the payee’s dependents. The court also finds the
the money was used and attach receipts and cancelled           remaining requirements of the Structured Settlement
checks:                                                        Protection Act, 40 P. S. § 4001 et seq., have been met.
                                                                 The payee shall receive from the transferee, as of
  7. Prior approval of this structured settlement                              , the amount of $      , from which no
                                                               funds are owed for counsel fees, administrative fees, or
  Has any court or responsible administrative authority        other costs, fees or expenses.
previously approved the structured settlement that is the
                                                                                            BY THE COURT:
subject of this petition?    Yes         No
  8. Reasons for transfer                                                                                          J.
                                                                               Explanatory Comment
  Describe in detail your reasons for the proposed trans-
fer, including an explanation as to why a sale of a lesser        In 2000, the General Assembly passed the Structured
amount of the structured settlement amount will not            Settlement Protection Act, Act of February 11, 2000, P. L.
better serve your interests:                                   1, 40 P. S. § 4001 et seq., providing for, inter alia, the
                                                               court of common pleas to permit the transfer of struc-
                                                               tured settlement payment rights only upon an express
  9. Payment of debts                                          finding that the transfer is in the best interests of the
                                                               payee. While the Act requires the disclosure of informa-
  If you seek the transfer in order to pay debts, lists each   tion to the payee concerning the transfer, it does not
debt, including the name of the creditor and the amount        specify what factual allegations or other information must
presently owed:                                                be included in the petition to enable the trial court to
Debt                   Creditor           Amount Owed          make its determination. New Rule 229.2 is intended to
                                                               provide the additional information necessary for a trial
                                          $
                                                               court to determine whether a petition to transfer struc-
                                          $                    tured settlement payment rights satisfies the best inter-
                                          $                    est standard.
                                                                 Subdivision (c) of the proposed rule identifies the
                         Verification                          parties to the petition as the payee and the transferee.
  I verify that the statements made in this affidavit are      The transferee is required to verify the petition and, in
true and correct. I understand that false statements           doing so, must set forth the circumstances surrounding
herein are made subject to the penalties of 18 Pa.C.S.         the proposed transfer of structured settlement payment
§ 4904, relating to unsworn falsification to authorities.      rights. The petition must show that the requirements of
                                                               the Act have been satisfied, i.e., the proper disclosures
DATE:                                                          have been made to the payee. In contrast, the payee is
                                   Signature                   required through the Payee’s Affidavit in Support of
                                                               Petition to provide the necessary information to enable
   (g) The proposed initial order of court shall be substan-   the trial to determine whether the transfer is in the best
tially in the following form:                                  interests of the payee. The court will enter an order
                                   PENNSYLVANIA BULLETIN, VOL. 36, NO. 27, JULY 8, 2006
                                                                               THE COURTS                                                     3523

scheduling a hearing date only if the petition and the                                 See Rule 3111.1 providing that certain funds on
payee’s affidavit meet the requirements of the rule and                              deposit in a bank or other financial institution may
contain factual allegations, which, if established, satisfy                          not be attached.
the requirements of Section 3 of the Act, 40 P. S. § 4003.
                                                                                                        *     *    *     *     *
By the Civil Procedural Rules Committee
                                                                                     Rule 3111.1. Exemptions from levy and attachment.
                          R. STANTON WETTICK, Jr.,
                                             Chair                                     In the absence of a court order, service of the writ upon
    [Pa.B. Doc. No. 06-1260. Filed for public inspection July 7, 2006, 9:00 a.m.]    a bank or other financial institution as garnishee shall
                                                                                     not attach the defendant’s funds on deposit with the bank
                                                                                     or other financial institution in an account in which
                                                                                       (1) funds are deposited electronically on a recurring
                                                                                     basis and are identified as being funds that are exempt
               PART I. GENERAL                                                       from execution, levy or attachment under Pennsylvania or
                                                                                     federal law, or
           [231 PA. CODE CH. 3000]
                                                                                       Official Note: Examples of state and federal laws are
Rules Governing Exemption from Levy and Attach-                                      set forth in the note to Rule 3123.1.
 ment Upon Enforcement of a Money Judgment;
                                                                                       See Rule 3146(b)(2) governing judgment against a bank
 Proposed Recommendation No. 215                                                     or other financial institution as garnishee upon admission
                                                                                     in answer to interrogatory.
  The Civil Procedural Rules Committee is proposing the
promulgation of new Rule 3111.1 and the amendment of                                    (2) the funds on deposit, not including any otherwise
other rules of civil procedure governing exemption from                              exempt funds, do not exceed the amount of the general
levy and attachment upon enforcement of a money judg-                                monetary exemption under 42 Pa.C.S. § 8123. The plain-
ment. The proposed recommendation is being submitted                                 tiff shall have the right to file an objection if the plaintiff
to the bench and bar for comments and suggestions prior                              believes that the defendant has exhausted the statutory
to its submission to the Supreme Court of Pennsylvania.                              exemption.
  All communications in reference to the proposed recom-                             Rule 3123.1. Claim for exemption or immunity of
mendation should be sent not later than August 31, 2006                               property; prompt hearing.
to:
                                                                                                        *     *    *     *     *
                       Harold K. Don, Jr.,
                            Counsel                                                    Official Note: Pennsylvania and Federal law provide
               Civil Procedural Rules Committee                                      numerous exemptions of property from execution, includ-
                  5035 Ritter Road, Suite 700                                        ing the following:
              Mechanicsburg, Pennsylvania 17055                                        Exemptions under Pennsylvania Law
                               or E-Mail to                                                             *     *    *     *     *
                        civil.rules@pacourts.us                                        3. Certain retirement funds and accounts, 42 Pa.C.S.
   The Explanatory Comment which appears in connection                               § 8124(b):
with the proposed recommendation has been inserted by                                                   *     *    *     *     *
the Committee for the convenience of the bench and bar.
It will not constitute part of the rules of civil procedure or                         Retirement or annuity funds provided for under the
be officially adopted or promulgated by the Court.                                   Internal Revenue Code, 42 Pa.C.S. § 8124(b)(1)(ix).
                                     Annex A                                          Cities of the Second Class A Employees Retire-
                                                                                     ment System Annuity, 53 P. S. § 30577.
     TITLE 231. RULES OF CIVIL PROCEDURE
                                                                                      Third Class City Code Pension Funds for certain
                          PART I. GENERAL                                            employees, 53 P. S. § 39351.
                CHAPTER 3000. JUDGMENTS                                                                 *     *    *     *     *
    Subchapter D. ENFORCEMENT OF MONEY                                               Rule 3146. Judgment against garnishee upon de-
   JUDGMENTS FOR THE PAYMENT OF MONEY                                                 fault or admission in answer to interrogatories.
Rule 3111. Service of the writ on garnishee; effect.                                                    *     *    *     *     *
                         *       *       *       *        *                            (b)(1) [ The ] Subject to paragraph (2) of this sub-
  (b) Service of the writ upon the garnishee shall attach                            division, the prothonotary, on praecipe of the plaintiff,
all property of the defendant which may be attached                                  shall enter judgment against the garnishee for the prop-
under these rules which is in the possession of the                                  erty of the defendant admitted in the answer to interroga-
garnishee. It shall also attach all property of the defen-                           tories to be in the garnishee’s possession, subject to any
dant which may be attached under these rules and which                               right therein claimed by the garnishee, but no money
comes into the garnishee’s possession thereafter until                               judgment entered against the garnishee shall exceed the
judgment against the garnishee even though no such                                   amount of the judgment of the plaintiff against the
property of the defendant was in the garnishee’s posses-                             defendant together with interest and costs. The entry of
sion at the time of service.                                                         judgment shall not bar the right of the plaintiff to
                                                                                     proceed against the garnishee as to any further property
  Official Note: For limitations on the power to attach                              or to contest any right in the property claimed by the
tangible personal property see Rule 3108(a).                                         garnishee.
                                                PENNSYLVANIA BULLETIN, VOL. 36, NO. 27, JULY 8, 2006
3524                                                 THE COURTS

   (2) If the garnishee is a bank or other financial           Rule 3253. Interrogatories in attachment.
institution, the prothonotary, in the absence of an
order of court, shall not enter judgment pursuant                Interrogatories of the plaintiff to the garnishee shall be
to paragraph (1) of this subdivision as to funds of            substantially in the following form:
any account of the defendant that is identified in                                           [Caption]
the garnishee’s answer to interrogatories nos. 7 or
8.                                                             ‘‘To                  :
                                                                      (Garnishee)
                  *    *      *        *   *                     ‘‘You are required to file answers to the following
 Subchapter E. ENFORCEMENT OF JUDGMENTS                        interrogatories within twenty (20) days after service upon
             IN SPECIAL ACTIONS                                you. Failure to do so may result in judgment against you:

                           FORMS                                                 *       *      *        *   *

Rule 3252. Writ of execution; money judgments.                   ‘‘7. If you are a bank or other financial institu-
                                                               tion, at the time you were served or at any subse-
  (a) The writ of execution shall include a notice to the      quent time did the defendant have funds on deposit
defendant, a summary of major exemptions, and a claim          in an account in which funds are deposited elec-
for exemption, and shall be substantially in the following     tronically on a recurring basis and which are
form[ : ]:                                                     identified as being funds that are exempt from
                                                               execution, levy or attachment under Pennsylvania
                           (Caption)                           or federal law? If so, identify each account.’’
                 WRIT OF EXECUTION                               ‘‘8. If you are a bank or other financial institu-
                                                               tion, at the time you were served or at any subse-
                           NOTICE                              quent time did the defendant have funds on deposit
                                                               in an account in which the funds on deposit, not
                  *    *      *        *   *
                                                               including any otherwise exempt funds, did not
                 WRIT OF EXECUTION                             exceed the amount of the general monetary exemp-
                                                               tion under 42 Pa.C.S. § 8123? If so, identify each
  Commonwealth of Pennsylvania             )                   account.’’
  County of                )
                                                                                Explanatory Comment
  To the Sheriff of                    County:                   Numerous federal and state statutes provide that funds
  To satisfy the judgment, interest and costs against          paid to individuals pursuant to the statutes are exempt
                                                    ,          from execution, levy and attachment. Perhaps the pre-
                 (Name of Defendant)                           mier statute in this regard is the Social Security Act
defendant,                                                     which provides, 42 U.S.C. § 407:

  (1) you are directed to levy upon the property of the          § 407. Assignment; amendment of section
defendant and to sell his interest therein;                      (a) The right of any person to any future payment
                                                                 under this title shall not be transferable or assign-
   (2) you are also directed to attach the property of           able, at law or in equity, and none of the moneys paid
the defendant not levied upon in the possession                  or payable or rights existing under this title shall be
of                                                 , as          subject to execution, levy, attachment, garnishment,
                    (Name of Garnishee)                          or other legal process, or to the operation of any
garnishee,                                         and           bankruptcy or insolvency law.
               (Specifically describe property)
to notify the garnishee that                                                     *       *      *        *   *
  (a) an attachment has been issued;                             Section 407 provides that not only are future payments
                                                               exempt from execution but so too are the funds once they
  (b) except as provided in paragraph (c), the gar-            have been deposited in the recipient’s account in a bank
nishee is enjoined from paying any debt to or for the          or other financial institution.
account of the defendant and from delivering any prop-
erty of the defendant or otherwise disposing thereof;             The Pennsylvania Rules of Civil Procedure do not
                                                               presently accommodate these provisions. The writ of
  (c) the attachment shall not include any funds in            execution under Rule 3252, paragraph 2(b), provides that
an account of the defendant with a bank or other               ‘‘the garnishee is enjoined from paying any debt to or for
financial institution                                          the account of the defendant and from delivering any
                                                               property of the defendant or otherwise disposing thereof.’’
  (i) in which funds are deposited electronically on           The writ contains no exception for funds of the defendant
a recurring basis and are identified as being funds            which are exempt from execution. In addition, the defen-
that are exempt from execution, levy or attachment             dant is required to claim the exemption by filing a claim
under Pennsylvania or federal law. A list of exempt            under Rule 3123.1.
funds is set forth in the Note to Rule 3123.1, or
                                                                 The proposed amendments to the execution rules ad-
  (ii) that total $300 or less. If multiple accounts           dress this problem. Under the amended rules, the judg-
are attached, a total of $300 in all accounts shall            ment creditor rather than the defendant has the burden
not be subject to levy and attachment as deter-                of raising an issue with respect to exempt payments
mined by the executing officer. The funds shall be             within the scope of new Rule 3111.1. The defendant need
set aside pursuant to the defendant’s general ex-              not file a claim for exemption as exempt funds are not
emption provided in 42 Pa.C.S. § 8123.                         attached.
                                   PENNSYLVANIA BULLETIN, VOL. 36, NO. 27, JULY 8, 2006
                                                                               THE COURTS                                                    3525

  The amendments are as follows:
                                                                                                Title 255—LOCAL
   1. New Rule 3111.1 is to be promulgated, explicitly
stating that certain funds of the defendant on deposit in a                                      COURT RULES
bank or other financial institution are exempt from
execution. Social security payments are not named.                                                 CARBON COUNTY
Rather, the rule speaks in terms of ‘‘funds on deposit’’                             Adoption of Local Rule of Criminal Procedure
which ‘‘are deposited electronically on a recurring basis                             117—Coverage: Issuing Warrants; Preliminary
and are identified as being funds that are exempt from                                Arraignments and Summary Trials; and Setting
execution, levy or attachment under Pennsylvania or                                   and Accepting Bail and Local Rule of Criminal
federal law.’’ A note cross-refers to a note to Rule 3123.1                           Procedure 150—Bench Warrants; No. CP-13-AD-
which contains a list of statutes providing for the exemp-
tion of certain funds from execution.
                                                                                      0000004-2006 (Old No. 103 MI 00)

  2. The form of the writ of execution set forth in Rule                                      Administrative Order No. 13-2006
3252 is amended by incorporating the language of new                                   And Now, this 21st day of June, 2006, pursuant to
Rule 3111.1(1). New paragraph 2(c) of the writ advises                               Pa.R.Crim.P. 117 and 150, it is hereby
the garnishee that the attachment does not include the
defendant’s funds in an account which exempt funds are                                 Ordered and Decreed, that effective August 1, 2006, the
                                                                                     Carbon County Court of Common Pleas Adopts new Local
deposited electronically on a recurring basis.
                                                                                     Rule of Criminal Procedure CARB.R.Crim.P. 117 govern-
   3. Rule 3253 governing interrogatories to the garnishee                           ing coverage for issuing warrants, conducting preliminary
is amended by adding new interrogatory no. 7. This                                   arraignments and summary trials and setting and accept-
                                                                                     ing bail and Local Rule of Criminal Procedure
interrogatory inquires of a bank or other financial institu-
                                                                                     CARB.R.Crim.P. 150 governing bench warrants.
tion as garnishee whether the defendant had ‘‘funds on
deposit in an account in which funds are deposited                                     The Carbon County District Court Administrator is
electronically on a recurring basis and which are identi-                            Ordered and Directed to do the following:
fied as being funds that are exempt from execution, levy                               1. File seven (7) certified copies of this Administrative
or attachment under Pennsylvania or federal law.’’ The                               Order and Rule with the Administrative Office of Penn-
garnishee is then required to ‘‘identify each account.’’                             sylvania Courts.
  4. The usual practice under Rule 3146(b) is that ‘‘the                               2. File two (2) certified copies and one (1) diskette with
                                                                                     the Legislative Reference Bureau for publication in the
prothonotary, on praecipe of the plaintiff, shall enter
                                                                                     Pennsylvania Bulletin.
judgment against the garnishee for the property of the
defendant admitted in the answer to interrogatories to be                              3. File one (1) certified copy with the Pennsylvania
in the garnishee’s possession.’’ It is proposed that Rule                            Criminal Procedural Rules Committee.
3146(b) be amended by adding new paragraph (2) provid-                                 4. Forward one (1) copy for publication in the Carbon
ing that if the answer of a bank or other financial                                  County Law Journal.
institution to interrogatory no. 7 identifies one or more                              5. Forward one (1) copy to the Carbon County Law
accounts as containing exempt funds, ‘‘the prothonotary,                             Library.
in the absence of an order of court, shall not enter
judgment pursuant to paragraph (1) of this subdivision as                              6. Keep continuously available for public inspection
to funds of any account of the defendant that is identified                          copies of this Administrative Order and Rule in the Clerk
in the garnishee’s answer’’ to the interrogatory.                                    of Court’s Office.
                                                                                     By the Court
   5. Section 8123 of the Judicial Code, 42 Pa.C.S. § 8123,                                                               ROGER N. NANOVIC,
provides for a $300 monetary exemption. This exemption                                                                             President Judge
is treated separately in new Rule 3111.1(2), in new
paragraph (2)(c)(ii) of the writ of execution prescribed by                          Rule 117 Coverage: Issuing Warrants; Preliminary
Rule 3252 and in a new interrogatory to the garnishee                                  Arraignments and Summary Trials; and Setting
under Rule 3253, interrogatory no. 8. The proposed                                     and Accepting Bail.
amendments provide a similar procedure for the $300                                    1. All Magisterial District Judge Offices shall be open
monetary exemption as for recurring electronic deposits                              for regular business on Mondays through Fridays, exclud-
described above. The $300 monetary exemption is exempt                               ing holidays, from 8:30 A.M. to 4:30 P.M., prevailing time.
from attachment, the writ of execution notifies the gar-
nishee that the $300 or less in an account of the                                      2. Continuous coverage for the issuance of search war-
defendant is not attached and interrogatory no. 8 inquires                           rants and arrest warrants, for warrants issued pursuant
of the garnishee concerning the funds of the defendant on                            to Pa.R.Crim.P 430 in a summary case, for the issuance
deposit in accounts with the garnishee. As the $300                                  of emergency orders under the Protection From Abuse
amount is exempt from attachment, the defendant need                                 Act, and for those services set forth in Pa.R.Crim.P. 117
not claim it under Rule 3123.1 governing claim of exemp-                             (A)(2)(a), (b), (c) and (d) (e.g., for the holding of prelimi-
tion.                                                                                nary arraignments and summary trials, and for the
                                                                                     setting and accepting of bail and collateral) shall be in
By the Civil Procedural Rules Committee                                              accordance with the traditional on-call system as pres-
                          R. STANTON WETTICK, Jr.,                                   ently established. The President Judge shall establish the
                                             Chair                                   schedule of assignment of Magisterial District Judges to
                                                                                     on-call duty.
    [Pa.B. Doc. No. 06-1261. Filed for public inspection July 7, 2006, 9:00 a.m.]
                                                                                       3. Magisterial District Judges, the Clerk of Courts and
                                                                                     the Warden, or in his absence, the Deputy Warden or
                                                PENNSYLVANIA BULLETIN, VOL. 36, NO. 27, JULY 8, 2006
3526                                                                           THE COURTS

Sergeant in charge of the Carbon County Correctional                                   (B) On-call Magisterial District Judge(s) shall be avail-
Facility, shall be authorized to accept bail in accordance                           able for continuous coverage in Protection from Abuse Act
with the provisions, and subject to the limitations, of the                          cases, the issuance of warrants, accepting bail, and for
Pennsylvania Rules of Criminal Procedure.                                            providing the services set forth in Pa.R.Crim.P No.
Rule 150 Bench Warrants.                                                             117(A)(2)(a), (b), (c), and (d). The President Judge shall
                                                                                     establish the schedule of on-call duty in accordance with
  1. When an individual is committed to the Carbon                                   the traditional system presently utilized.
County Correctional Facility pursuant to a bench war-
                                                                                       (C) Magisterial District Judges, the Clerk of Courts
rant, he/she shall be detained pending a bench warrant
                                                                                     and Warden of the Fayette County Prison or his designee,
hearing. The Warden, or his designee, shall notify the
                                                                                     shall be authorized to accept bail in accordance with the
Carbon County District Court Administrator, District
                                                                                     provisions, and subject to the limitations, of the Pennsyl-
Attorney, Public Defender or Private Counsel (if known),
                                                                                     vania Rules of Criminal Procedure.
Sheriff, and Carbon County Pretrial Services within 12
hours of the fact of such commitment.                                                  (D) Magisterial District Judges shall be available dur-
                                                                                     ing normal business hours for all other business.
  2. Upon receipt of notice, the District Court Adminis-
                                                                                         [Pa.B. Doc. No. 06-1263. Filed for public inspection July 7, 2006, 9:00 a.m.]
trator shall promptly schedule a bench warrant hearing
for bench warrants issued by a Common Pleas Judge.
  3. The Carbon County Correctional Facility shall ar-
range to have the committed prisoner available for video
conference at the appointed hour.
                                                                                                    LEHIGH COUNTY
  4. A court reporter shall be assigned to each hearing.
                                                                                     Adoption of Appendix to Local Rules of Civil
  5. If the bench warrant hearing does not occur within                               Procedure Entitled ‘‘Requirements for Special
72 hours of commitment or by the close of the next
business day if the 72 hours expires on a non-business                                Service Checklist’’; No. 2006-J-41
day, the Carbon County Correctional Facility shall release
                                                                                                                          Order
said individual by operation of law.
    [Pa.B. Doc. No. 06-1262. Filed for public inspection July 7, 2006, 9:00 a.m.]       Now, this 20th day of June, 2006, It Is Ordered that the
                                                                                     following Appendix 1 to the Lehigh County Rules of Civil
                                                                                     Procedure entitled ‘‘Requirements for Special Service
                                                                                     Checklist’’ be, and the same is, promulgated herewith, to
                                                                                     become effective thirty (30) days after publication in the
                                                                                     Pennsylvania Bulletin; and that the present Appendix 1
                     FAYETTE COUNTY                                                  to the Lehigh County Rules of Civil Procedure is revoked,
               Local Rule 117; No. 1 AD 2006                                         effective at the same time.
                                                                                       The Court Administrator of Lehigh County is directed
                                     Order                                           to:
  And Now, this 22nd day of June, 2006, pursuant to                                   1. File seven (7) certified copies of this Order with the
Rule 105 of the Pennsylvania Rules of Criminal Proce-                                Administrative Office of Pennsylvania Courts.
dure, it is hereby ordered that Local Rule 117 is hereby
adopted to read as follows.                                                            2. File two (2) certified copies and one disk copy with
                                                                                     the Legislative Reference Bureau for publication in the
  The Clerk of Courts is directed as follows:                                        Pennsylvania Bulletin.
   1. Seven certified copies of the Local Rules shall be                               3. File one (1) certified copy with the Pennsylvania
filed with the Administrative Office of Pennsylvania                                 Civil Procedural Rules Committee.
Courts.                                                                                4. File one (1) copy with the Clerk of Courts of the
  2. Two certified copies and diskette of the Local Rules                            Lehigh County Court of Common Pleas.
shall be distributed to the Legislative Reference Bureau                               5. Forward one (1) copy for publication in the Lehigh
for publication in the Pennsylvania Bulletin.                                        County Law Journal.
  3. One certified copy of the Local Rules shall be sent to                          By the Court
the State Criminal Procedural Rules Committee.
                                                                                                                                       WILLIAM H. PLATT,
  4. One certified copy shall be sent to the Fayette                                                                                         President Judge
County Law Library and to the Editor of the Fayette
Legal Journal.                                                                              REQUIREMENTS FOR SPECIAL SERVICE
                                                                                                      CHECKLIST
  F.C.R.Crim.P. No. 117 shall be effective August 1, 2006.                                                 )
By the Court                                                                                               )
                                               CONRAD B. CAPUZZI,                                          )     File Number:
                                                     President Judge                                       )
                                                                                                           )
Rule 117 Coverage: Issuing Warrants: Preliminary
 Arraignments and Summary Trials: and Setting                                          Counsel for the moving party has attempted the follow-
 and Accepting Bail                                                                  ing efforts marked with an ‘‘X’’:
                                                                                     Prerequisites:
  (A) All Magisterial District Judge Offices shall be open
for regular business on Mondays through Fridays from                                               Attempted Sheriff service to all known ad-
8:00 AM to 4:30 PM.                                                                                dresses
                                                PENNSYLVANIA BULLETIN, VOL. 36, NO. 27, JULY 8, 2006
                                                                               THE COURTS                                                                           3527

           Examination of motor vehicle records                                      for a period of one year and one day. In accordance with
           PennDOT’s Form DL-503 (form may be ob-                                    Rule 217(f), Pa.R.D.E., since this formerly admitted attor-
           tained from PennDOT’s website)                                            ney resides outside of the Commonwealth of Pennsylva-
                                                                                     nia, this notice is published in the Pennsylvania Bulletin.
           Inquiry of postal authority
                                                                                                                         ELAINE M. BIXLER,
           Examination of local phone directories                                                                                     Secretary
Discretionary Efforts:                                                                                             The Disciplinary Board of the
           Examination of local tax records                                                                      Supreme Court of Pennsylvania
                                                                                         [Pa.B. Doc. No. 06-1265. Filed for public inspection July 7, 2006, 9:00 a.m.]
           Examination of voter registration records
           Inquiry of relatives, neighbors, friends and
           employers of defendant(s)
              Other:
                                                                                               Notice of Transfer to Inactive Status

The court will not consider a motion for special service                                Notice is hereby given that Martin Luther Carter
pursuant to Pa.R.C.P. 430 (a) until an affidavit is submit-                          having been transferred to disability inactive status in
ted to Chambers indicating that all prerequisites have                               the State of Connecticut by Order of the Superior Court of
been attempted, and at least one discretionary effort.                               Connecticut, Judicial District of New London, dated
                                                                                     March 9, 2006, the Supreme Court of Pennsylvania
                       Appendix 1                                                    issued an Order on June 20, 2006, transferring Martin
    [Pa.B. Doc. No. 06-1264. Filed for public inspection July 7, 2006, 9:00 a.m.]    Luther Carter, to inactive status, effective immediately,
                                                                                     pursuant to Rule 301(c) Pa.R.D.E (relating to disabled
                                                                                     attorneys) for an indefinite period and until further Order
                                                                                     of the Supreme Court. In accordance with Rule 217(f),
                                                                                     Pa.R.D.E., since this formerly admitted attorney resides
                                                                                     outside of the Commonwealth of Pennsylvania, this notice
  DISCIPLINARY BOARD OF                                                              is published in the Pennsylvania Bulletin.
   THE SUPREME COURT                                                                                                     ELAINE M. BIXLER,
                                                                                                                                        Secretary
                       Notice of Suspension                                                                        The Disciplinary Board of the
                                                                                                                 Supreme Court of Pennsylvania
  Notice is hereby given that by Order of the Supreme                                    [Pa.B. Doc. No. 06-1266. Filed for public inspection July 7, 2006, 9:00 a.m.]

Court of Pennsylvania issued June 20, 2006, Michael
Levine is suspended from the Bar of this Commonwealth




                                                PENNSYLVANIA BULLETIN, VOL. 36, NO. 27, JULY 8, 2006

				
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